The Attorney General has raised significant legal concerns over a motion calling for Tynwald to approve updates to Manx Care’s mandate and operating plan, stating it conflicts with the Manx Care Act.
Addressing the Tynwald Walter Wannenburgh emphasised that the Act, as primary legislation, grants exclusive authority to the Department of Health and Social Care to revise the mandate—either with Manx Care’s agreement or in “exceptional circumstances.”
He noted, “Notably, while any revised mandate must be laid before Tynwald, there is no requirement for Tynwald approval.”
Motion
The motion also proposed that the department produce an operating plan for Tynwald’s approval. However, Mr Wannenburgh clarified that the Act assigns this duty solely to Manx Care, stating, “It would be ultra vires for another to do so.”
He also warned that Tynwald’s resolution would lack legal force, saying, “Legislation can only be altered by legislation. A resolution of this court will not serve to somehow override, suspend, or replace existing statutory provision.”
While acknowledging Tynwald’s sovereignty, Mr Wannenburgh also stressed constitutional propriety: “Precedence has to be accorded to primary legislation where it has set out a procedure to be followed.”
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